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slinky1 05-11-2012 02:48 PM

My employer said I quit and I was fired.
Last year, I was fired from my job. I waited 6 months, and started to collect employment and was granted it. Recently, I needed a separation letter from the company for financial purposes...well, to collect an insurance benefit on debt. The company knew what the letter was for, and that they need not go into much detail. It was their policy for me to not see the letter, but the financial institution to whom it was sent read it to me.

Fast forward, my benefit was erroneously denied. I say erroneously because I was involuntarily unemployed via being fired (ie I was called and told not to come in to work anymore, and I had to pick up my belongings in a box at a separate location). The company I worked for wrote in the letter that I submitted my resignation because I was having trouble with people at work and ended my employment at my own accord. When I found out about the letter, I called the company for whom I worked and they confirmed what they had written, but also said that they had no proof of resignation.

Do you think that I will have to pay back my unemployment benefits? I don't see how the company I worked for could tell two organizations two different things. Also, what recourse do I have for the financial benefit denial? I have already contacted a lawyer about my obligations via unemployment.

diaspora 05-11-2012 02:56 PM

OMG! I do not know anything about this kind of thing, but just wanted to say I am sorry you are going through it, and I'm glad you have a lawyer to help you.

spiderlashes5000 05-11-2012 03:01 PM

Which was the ~other~ organization the employer communicated with...and what did the company say to the other?

I think your lawyer really should advise you on this but my first instinct would be to demand a copy of your supposed resignation letter, and when they can't produce it, tell them you're gonna sue the ish out of them.

JewelCurls 05-11-2012 03:17 PM

Without knowing where you draw unemployment, it's hard to say, but where I live, you get unemployment (if you are approved in the first place) unless the company files an official appeal within a set period, of which you must be notified *and* they win the appeal (just filing changes nothing). You are probably pretty safe, but if your state has a similar policy, you may want to contact them to see if your company has filed an appeal.

PRINCETON 05-11-2012 04:26 PM

If the state approved your unemployment then send that letter to the agencies. I would also, include message in the letter to prior employer telling .. I mean "reminding" them that the judge ruled in your favor and not theirs which proves you were wrongly terminated and that you did not quit.

Just a guy with long curly hair

roseannadana 05-11-2012 04:41 PM

Just curious but why did you wait six months to collect unemployment? Also, how long were you with this company before you were fired?

Sorry you are going through this. I do think talking to an attorney is a good idea. Can you get a copy of your unemployment claim to prove anything to the second company?

slinky1 05-11-2012 07:32 PM

Thanks, everyone, for weighing in.

I probably wasn't clear...I meekly and graciously asked my former employer (who is actually a third party employment contractor who works with gov't entities) to either fill out a simple form for me including why I was no longer employed with them (I was employed with them for about 6 weeks short of 4 years at one gov't location), or to write a "separation letter" including dates of employment and reason for dismissal. I told them it was for financial purposes only, and not for a personal assessment. I sent them a copy of the form so that they could see the amount of detail they needed to provide the company and the fax number. The form referenced how I needed to have proof I was on unemployment.

The representative who was in charge of my assignment/employment said she would write the letter, but I was not allowed to view it (same with the form...I couldn't have seen that, either). I only know what it said because the financial company rep read it to me when I asked why my benefit request was denied.

The financial company already has proof that I was collecting unemployment. They said that the only way I could possibly overturn my claim is to get something from the unemployment office saying why I wasn't employed anymore. I can't just send them a copy of our NYS employment rules. Anyway, I'm afraid if I do that, it will create more issues. I'm afraid unemployment didn't check with my employer before I was granted unemployment (I don't even know how that works to be honest...our NY handbook is nebulous and looks like a kid wrote it), and that if I call them asking for proof of a reason, they'll call my employer (employment contractor), and the contractor will give them the same information that they gave the financial company. Given that the rep who signed/drafted the letter saw the form and how it referenced unemployment, I'm thinking I'm screwed.

Realistically, I can't afford to sue and it would probably cost as much as the unemployment I received thus far. I mean, right? I waited 6 months to collect due to moral reasons. The employment contractor says there is no resignation letter to them or to the gov't agency I worked for. But, there is no letter of termination, either. The only little thing I have is a couple of e-mails I sent the week I was terminated, discussing arrangements for sending my personal belongings to my house via FedEx. They never replied, which forced me to call them...and now I know why.

slinky1 05-12-2012 01:46 PM

I was just reading more about unemployment, and it says that I could be subject to criminal prosecution or jail if I lie about my separation from employment. I told them I was fired. Which was true. I am going to request phone records from the morning they called me to fire me and FedEx records from when my personal belongings were shipped to my house. After all I've been through, now I can go to jail? I can't believe what people in business can get away with trying to screw you over. I am so upset. My self-esteem and reputation have been decimated, my health is in the toilet, my skin is such a freaking mess I can't even put makeup over it to get a freaking job with my troll face and now this. I just can't take it.

The New Black 05-12-2012 02:09 PM

Relax. I highly doubt you'll go to jail. Your former boss lied. Isn't that unemployment fraud? S/he is the one at risk here. Even though it doesn't sound like you have proof, I wouldn't worry about jail.

sherry7899 05-16-2012 05:35 PM

In our state, the company you left (either laid off or fired) has to verify this before they approve the unemployment. I really doubt they would issue checks without verifying first that you were let go. When the company I was working at closed down and moved out of state, we were told that they would verify the layoffs with our state unemployment office before we would be able to collect.

I am so sorry that you are going through this, and I hope it gets resolved soon.


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